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(영문) 서울중앙지방법원 2015.07.24 2014가단5094985

채무부존재확인

Text

1. The plaintiff E shall be dismissed.

2. The claims against the Defendant of the Plaintiff A, B, C, D, F, G, H, and I are all dismissed.

3...

Reasons

1. Presumed factual basis

A. The Plaintiffs and the Newanan Construction Industry Co., Ltd. (hereinafter “Newan Construction Industry”) concluded a sales contract for each of the households of the Kaan Construction Industry (hereinafter “instant apartment sales contract”) on the 55 lots, which was newly constructed as a contractor and a contractor at the time of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and 55 lots (hereinafter “instant apartment”).

B. Specific financial institutions, such as the new construction industry and the Korea Bank, the Korea Exchange Bank, and the Gwangju Bank, concluded a business agreement which includes the provision that part payments shall be paid directly to the new construction industry in the event that part payments for sales contracts are loaned to the buyers of the apartment of this case.

C. The Plaintiffs entered into a credit guarantee agreement with the Defendant on part payment loan of the instant sales contract (hereinafter “instant credit guarantee agreement”) and received an intermediate payment loan (hereinafter “instant loan”) as security from the Defendant’s specific financial institutions as set out below [Attachment 1] as stated in the terms and conditions of the loan agreement.

The Plaintiffs lost the benefit of time due to the instant loan obligations by delaying the payment of principal and interest upon the instant loan.

[Attachment 1] 182.0480.306, 2009.8.15, 2008.20.30.15, 200, 207.30.15, 207.15, 200.30, 207.20.15.20, 200, 307.153, 200, 207.10, 208.15, 30, 200, 207. 33.15, 20, 200, 200, 205. 3.15, 20, 200, 205. 3.15, 200, 207. 3.15, 200, 200, 2005. 3.20, 200, 200, 2005. 16.